StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

EU Internal Market Law - Essay Example

Cite this document
Summary
The fact that the two women are travelling with Italian identity card serves to make the situation worse for Mr. Benevento. The EU Internal market protocol asserts that the national identity cards issued by the members of the European Economic Area are acceptable as travel and entry documents in any nation of the EU…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER97.5% of users find it useful
EU Internal Market Law
Read Text Preview

Extract of sample "EU Internal Market Law"

  EU Internal Market Law MUTULA AND CO ADVOCATES #789 Zobel Roxas St. Makati Telephone No. 3727648 hatoldeleonlawoffices@yahoo.com February 23, 2011 Salvatore Benevonte #1563 Lubanga Avenue Long Island, New York Dear Mr. Salvatore, Thank you for your letter on February 20, 2011, in which you requested legal advice immigration issues. Below is my legal opinion answering your questions. A. Could the immigration officer deny Mr. Benevento leave to enter the UK? Explain. On which grounds? Does it make a difference, if the immigration officer suspects that Mr.

Benevento is involved in human trafficking with regard to the two women? The immigration officer could deny Mr Benevento leave to enter the UK due to the different system policy of immigration which the UK applies. The European Union Internal market is aimed at guaranteeing the free movement of services, capital goods and persons across the borders of the 27 EU states. The EU Internal Market protocol on movement of people is governed by the Schengen Area protocol which allows people from all member states of the EU to move freely across borders without physical restrictions1.

While the EU internal market protocol enables workers to freely travel, reside and work in member states, this is not allowed in the abovementioned countries which still maintain physical restrictions. Suspicion that Mr. Benevento is involved in human trafficking through association with the two women he is believed to be travelling with makes his case even dire. The United Kingdom has not agreed with the EU internal market protocols with regard to free movement of people due to issues of trafficking and illegal immigration2.

If he is suspected of trafficking the women into the UK, the immigration officer has every right to deny him entry into the UK. B. It appears that the two women are traveling with Italian identity cards. Italian identity cards are made of paper only and therefore rather easy to forge (see photo). The two women are detained for checking the authenticity of their travel documents and verifying their nationality. The immigration authorities question Mr. Benevento and 10 other male passenger from the same flight on suspicion that they may be involved in human trafficking.

Is this in line with EU law? The fact that the two women are travelling with Italian identity card serves to make the situation worse for Mr. Benevento. The EU Internal market protocol asserts that the national identity cards issued by the members of the European Economic Area are acceptable as travel and entry documents in any nation of the EU3. The detention of the two women and the questioning of Mr. Benevento and ten other passengers in the flight is not in line with EU law which guarantees persons entry into all EEA nations if they have a passport or national identity card.

On the other hand, since the UK is dealing with a high number of illegal immigrations it is not party to the EU Internal market protocol on movement of persons and hence it has the right to detain persons and confirm their identity. EU law allows immigration officials to detain persons having suspect documents before validation from the country that issued them. As such the immigration official has every right to check the Italian documents held by Benevento and since he is suspected of being in the company of the women suspected of being trafficked it is not unlawful that he is detained and questioned.

The detention and questioning is in line with the physical restrictions of the UK which has not ratified the internal market protocol on movement of persons. C. Mr. Benevento is given leave to enter the UK. Two months later, he finds out he is HIV positive. Will this fact affect his residence rights? Mr. Benevento’s residency status will be affected by his medical condition depending on a number of factors. The EU Internal Market Protocol allows free travel, work and residence of nationals of EU member states regardless of medical status.

However the residency status of Benevento will be affected if he has stayed in the UK less than three months and his medical status makes him unable to work. Since he cannot claim retirement, since he has not attained the mandatory three month period, his residency will be repudiated4.

Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“EU Internal Market Law Essay Example | Topics and Well Written Essays - 500 words”, n.d.)
EU Internal Market Law Essay Example | Topics and Well Written Essays - 500 words. Retrieved from https://studentshare.org/law/1471177-eu-internal-market-law
(EU Internal Market Law Essay Example | Topics and Well Written Essays - 500 Words)
EU Internal Market Law Essay Example | Topics and Well Written Essays - 500 Words. https://studentshare.org/law/1471177-eu-internal-market-law.
“EU Internal Market Law Essay Example | Topics and Well Written Essays - 500 Words”, n.d. https://studentshare.org/law/1471177-eu-internal-market-law.
  • Cited: 0 times

CHECK THESE SAMPLES OF EU Internal Market Law

Rights of the IP Holders and Buyers Trading in the EU

internal market Article 14 of the EC treaty seeks to create an internal market without internal borders so as to facilitate free movement of goods, persons, service and capital known as “four freedoms:.... If it is to be considered that article 30 is in complete derogation of article 28 then there is no meaning in the principle of internal market which the EU is committed to as most of goods that come to the market are tagged with intellectual property rights....
7 Pages (1750 words) Assignment

Economic and Political Integration in the EU

The war between the former European powers has gone and is now replaced by a law of mutual acceptance and growth.... The European Union is unique among international organisations, in that, it has a complex yet well developed system of law, directly affecting its member states.... The EU constitutes a law that draws mutual social and economic benefit of the member states.... European Union law has come a long way since its inception over the past 50 years....
9 Pages (2250 words) Essay

Primacy of EU Law over National Law

hellip; Under the Community Method principle, the EU law has primacy over the law of member states.... This means that any EU law is an integral part of the law in each member state, whose courts are duty-bound to apply it.... Except for treaties and international agreements, EU law comes mostly as regulations and directives intended to underpin the national laws of member states.... Regulations are laws with general application, such that member states are under no strict liability to adopt them into national law....
11 Pages (2750 words) Essay

Clock Manufacturing

Differentiating direct and indirect effects, indirect effects apply to a principle in EU law stating that EU directives are capable of dis-applying laws of member states if these laws are not approved by the EU under certain circumstances2.... In contrast, regulations imply a single law that is directly effective on each Member state.... EU law has the provision for incidental effects which is used in association with indirect effects of EU directives for suits that are filed against individuals4....
10 Pages (2500 words) Essay

EC Competition law

The aim is 'a system ensuring that competition in the internal market is not distorted'.... The strategy is aimed at strengthening the foundations of the internal market.... The concept of internal market is one of the essential cornerstones of EU.... The essence of a state based on the rule of law is that the law binds its government actions.... It effectively means governing within the boundaries of the law, in conformity with certain principles on which a constitutional state is based and which indicate the limits to the powers to be exercised, with a view to ensuring the freedom and liberty of citizens....
3 Pages (750 words) Essay

The Concept of a Fully Integrated Market

The Single European Act of 1986, and introduced in 1987, codified the attributes of a single integrated market, targeted for completion on 31 December 1992.... The legislated measures included the following: The Single market came into force and effect commencing 1 January 1993,… At the time of its commencement, between 90% and 95% of the requisite legislation had already been enacted by all the member countries (A Dictionary of Business and Management, 2006). The free trade area is the This necessarily implies the abolition of tariffs and quotas for imports among the member-nations, without abolishing the same tariffs and quotas in their trade with third countries....
14 Pages (3500 words) Essay

How Do Positive and Negative Integration Interact in the Law of Internal Market

Article 25 EC (cited in Weatherill, S 2007, “Cases and Materials on EU law” p.... The single, or internal, market wasn't meant to be a cure-all for the problems of European companies, but instead, it is all about providing opportunities not only for the Member States themselves but also for their citizens (Tillotson, J & Foster, NG, 2003, Text, Cases and… 247).... The single market is usually considered to be an advanced form of the common market, because it aims It is done by having Member States agree to common economic policies surrounding the movement of the factors of economy....
10 Pages (2500 words) Essay

EC Trade Law - Common Commercial Policy

This paper "EC Trade law - Common Commercial Policy" focuses on the fact that the UK Department of Environment, Food and Rural Affairs (DEFRA) made it mandatory for all live poultry to be examined and certified to be free of the bird flu virus prior to relocation.... These cases are examples of state monopolies in commercial transactions and serve to illustrate the fact that hindering the import of products that have been manufactured as per the laws of the Member State from which they originate, is a violation of the EC law....
21 Pages (5250 words) Coursework
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us